RI & MA Grand Jury Hearings Attorney

What is a Grand Jury Hearing?

Grand jury hearing or proceedings are conducted to determine if probable cause exists to believe to an individual committed a criminal offense. A grand jury is comprised of a large number of persons randomly selected from the community, normally 26, to review the prosecutions’ evidence in a particular case. The jurors meet with the prosecutor in secrecy to listen to testimony and review evidence the prosecutor wants the grand jury to consider in the course of what is called a grand jury investigation. There is no judge in the grand jury, only the jurors, prosecutor and witnesses. Individuals who are the focus of the investigation are known as targets or suspects of the investigation and are also not present.

During the grand jury investigation, the prosecutor calls certain witnesses to testify regarding their knowledge of the matters under investigation. Defense lawyers are not present for their testimony and therefore, the witnesses are not subject to cross-examination as they are at trial. Rules of evidence, which apply at trial do not apply to grand juries. The jurors may also ask questions of the witnesses at the conclusion of their testimony. The jurors may also issue subpoenas to certain witnesses to testify before them or to compel the production of other evidence they wish to examine in the course of their investigation and probable cause determination.

Upon the conclusion of evidence, the jurors are asked to vote by majority whether probable cause exists to believe the target of the investigation committed the suspected offense or offenses. If a majority of the jurors vote for no probable cause, the investigation is over with what is called a “no true bill” or no finding to warrant a criminal prosecution. If alternatively a majority of the jurors vote for probable cause, the investigation is over with what is called a “true bill” and issuance of an indictment against a defendant or number of defendants to initiate a criminal prosecution.

Jurisdictions vary on how and when grand jury hearings are conducted. In the federal system, the law requires that a grand jury is convened in each and every case where the government seeks to initiate a felony prosecution. A defendant may waive presentation of his or her case before a grand jury and under certain circumstances, there are tactical reasons for doing so. Absent a waiver, however, a case must be presented before a federal grand jury in order for an indictment to issue.

The states vary on grand jury practice. For instance, in Massachusetts, the grand jury is used to obtain an indictment on all Superior Court felony offenses. Alternatively, in Rhode Island, felony charges may issue absent a grand jury indictment. Rhode Island grand juries are mainly convened solely before indictments are issued on capital offenses, meaning those punishable by up to life in jail. States also vary on whether a suspect or target of grand jury investigation has a right to appear or testify before the jurors. There is no such right in the federal system, or in Rhode Island and Massachusetts. However, in other states such as New York, this right to testify before the grand jury is afforded under the state constitution.

If you believe you are the focus of a grand jury investigation, or alternatively, have received a summons to appear before a grand jury, you need legal representation now. Witnesses who appear before a grand jury are provided with an oath before being asked for their testimony. Answers to these questions may expose you to potential criminal liability and prosecution. Failure to answer the grand jury questions truthfully may have these same adverse result. Before speaking with prosecutors, law enforcement agents or responding to a grand jury subpoena, you should consult with experience legal counsel to learn about your rights, duties and obligations under the law in connection with grand jury investigation, and most importantly, the protect you from any potential exposure to prosecution.

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Reviews

John Calcagni is the best of the best. I retained him multiple times to represent me in various military matters, to include administrative separation. John is an expert in his field. He is knowledge, professional, caring and aggressive. He has obtained nothing but top results and success on my behalf. I recommend him to anyone in need of legal representation. If you want the number one lawyer in your corner, John is your man.

Andrew Michaud

13:21 21 Sep 18

I had the pleasure of working with John and his team this past year and I couldn't be happier with the service I received. John and his team were professional, courteous and most of all incredibly effective. If I ever need legal services again I will definitely engage John Calcagni and his outstanding team again.

MARY DEBELLO

18:23 11 Sep 18

I highly recommend John Calcagni and his team. My daughter attends college in RI and we live in NY. She found herself in trouble and was arrested on a Disorderly Conduct matter. Our good friend is an attorney in NY and when we realized he could not represent us in RI he found a colleague who highly recommended John. From the first conversation with John, who responded to my initial message immediately, I knew we would be in good hands. He answered all questions and explained the process in as much detail as needed. He was very confident that he would get the charges dismissed. He worked closely with my daughter (his client) while keeping in touch with us, the parents. John was always attainable to us via email, text or phone call and took his time to be sure we understood each step of the case. John delivered the outcome he promised and exactly what we were looking for, we couldn't be more pleased. I would not hesitate to recommend him and (god forbid) I need assistance with the law in RI again, he would be the first call I make!! Thanks John for everything you did for our daughter!!! Mary and Wayne DeBello

Jen Marie

22:33 23 Jun 18

I don’t know where to begin! When I first met with John, I immediately felt like I was in good hands. He is charismatic, funny and really takes the time to get to know you and get a feel for your case. He was very detail oriented and thorough and worked with me for almost two years. Through this exhausting and stressful process, he made me feel comfortable and made sure I understood what was going on every step of the way. I am so thankful I went with John and would absolutely, without a doubt recommend him to anyone who needs help.

John Madden

18:11 05 Sep 18

I'm an active duty soldier and I got a DUI. I deserved the penalties and reprimands but I did not deserve to loose everything. When I was notified that I would be facing a QMP board for separation I knew I had to do all I could to fight back against it for myself and for my family. I am extremely grateful for John and his team. I had no idea about the list of standards I was up against that the board would use to determine weather or not I could keep my job and continue to support my family. Mr. Calcagni systematically itemized and proved beyond a doubt that I met and or exceeded each standard giving the board a clear picture that I still hold value to the Army. He took my personal side and my professional side along with all the legal points and drafted a rebuttal that saved my career. Had I attempted to go against the board on my own I would have surely been denied. Not because I deserved it, but because it is a battle that soldiers are not equipped to deal with on their own and the Army provides zero support. It's terrifying to think back about all that I was up against that I didn't even know about. John and his team come highly recommended and I can't thank them enough for leveling the playing field and placing the control of my career back into my hands. My family and I are forever grateful.

Mr. Calcagni is an absolute LIFE SAVER!!! He is genuinely one of the most intelligent people I have ever met in my life! He masterfully saved my husband's naval career TWICE when we thought all hope was lost at a command where bias and dishonesty rule. My husband and I are forever in his debt and there is not enough we could do or say to show our gratitude. He has a big heart and he fought hard for our family. We would recommend him a thousand times over!!!!